NACO Associate and Sustaining Members enable NACO to enhance its continuing education programs for county officials across the state. Visit NACO's complete associate and sustaining membership list here.

Education Foundation Memorial Program

A gift to NACO's Education Foundation ensures that the children of county officials and county employees are eligible to apply for scholarships to continue their education at Nebraska's higher learning institutions. Whatever their passion - history, art, music, science, education, sports - the NACO Education Foundation will provide them an opportunity to fund their education beyond the K-12 level. Memorial gifts to NACO's Education Foundation are tax deductible and will be a lasting legacy in honor of your loved one's commitment to educating the children of Nebraska's county officials and employees. For more information about how to make a memorial gift, please contact Larry Dix / 402-434-5660 ext. 226.

Most E-Line readers are aware that NACO endeavors to publish an E-Line edition every two weeks to keep readers current about county government and NACO activity. There are, and will be, rare exceptions to this policy and the edition scheduled in the next two weeks will be one of those times. Wendy Kelly, who stepped in for Lisa Martin when she was unable to complete the edition, has left NACO to take a position at the Department of Revenue. Her replacement, Ashley Vandeloo is still training to take over this responsibility. Lisa will be out of the office the week of October 14 and will therefore be unable to publish an edition for this week. NACO apologizes for any inconvenience this may cause.

NACO Welcomes Ashley Vandeloo

Wendy Kelly has moved on from NACO to fill a Field Liaison position at the Nebraska Department of Revenue, Property Assessment Division. NACO wishes Wendy well in her endeavors and appreciates greatly her contribution to the NACO team.

NACO is pleased to announce that Ashley Vandeloo has stepped in to the position Wendy filled while at NACO. She will be the first person to greet you when you visit the NACO office. Ashley will assist the NACO staff with their responsibilities and act as receptionist for the NACO office.

Currently Ashley lives in Utica and took the position with NACO in hopes of moving to Lincoln in the near future. She attended and graduated from Southeast Community College where she was enrolled in the Office Professional Program. She is married with two children and enjoys traveling and most outdoor activities, especially camping.

Please join NACO in welcoming Ashley Vandeloo.

Register of Deeds Workshop Slated For October 9

The biennial Register of Deeds Workshop will be held again this year in Kearney at the Holiday Inn Hotel and Conference Center. The workshop is scheduled the day before NACO's Legislative Conference in order to minimize travel and out of office time for those who will attend. A tentative agenda for the workshop can be viewed by clicking here. To register for the workshop, click here.

A block of rooms has been reserved for the workshop and reservations can be made by calling the Holiday Inn at (308) 237-5971. The lodging rate is $82.95 per person. When making reservations, be sure to mention you will be attending the workshop in order to obtain this rate.

NACO's 8th Annual Legislative Conference

NACO's 8th Annual Legislative Conference will be held in Kearney on October 10, 2013. If you haven't already done so, be sure to mark this date on your calendar because you won't want to miss this educational opportunity.

Over five hours of educational sessions and networking have been planned for this year's conference. To view the tentative agenda for this conference, click here.

The registration fee for this conference is only $45.00. The registration fee includes two breaks, a luncheon and all handout materials.

A block of rooms has been reserved at the Holiday Inn Hotel and Convention Center in Kearney. Rates for lodging are $82.95 single/double. You may contact the Holiday Inn at (308) 237-5971 for lodging. Be sure to mention that you are with the NACO Legislative Conference to receive the contracted rate.

At this conference you will have input into establishing NACO's platform and legislative priorities. Take a look at the tentative agenda and you'll see that this conference is a very important part of each elected and appointed county official's continuing education, not to mention your opportunity to have input into the legislation that affects county government as a whole.

Since 1977 NACO has published, on an annual basis, a Directory of County Officials in Nebraska. In taking inventory, it has been noticed that NACO is missing the 1986 edition of this directory. If you are a collector of the directory and you have a copy of the 1986 edition that you would like to donate to NACO it would be greatly appreciated. Please contact the NACO office if you would like to do so.

Conference Matters

Lodging

Lodging for NACO's 119th Annual Conference became available on May 10, 2013 at 10:00 a.m. CST. The conference will be held in Omaha December 11-13 and this year you will be able to make lodging reservations electronically by visiting the Omaha Convention & Visitors Bureau website and clicking on NACO's microsite. The link to the microsite is available here and is also posted on NACO's website. Once you click on NACO's microsite, you will be able to choose the contracted hotel of your choice along with the dates you will require for lodging. Initially, a valid credit card will be required for securing your lodging. Once you have secured your lodging via credit card, you will be able to access a credit application for direct billing and will be required to complete and submit a tax exempt form (all forms will be available on the microsite).

Planning

NACO has sent, via e-mail, planning grids and cut off dates to each affiliate group leader requesting that each group plan their sessions for the upcoming Annual Conference in December. If you have a topic that you would like to have addressed at the conference, please contact your affiliate group president so they may consider it for the agenda.

Opening Session Speaker

NACO has contracted for Aaron Davis, member of Nebraska's 1994 National Champion football team, to deliver the opening session address to conference attendees at this year's conference in Omaha.

Aaron is not just a speaker "telling" individuals how to succeed. He is in the trenches every day as the President of his own consulting firm, Aaron Davis Presentations, Inc., the Chief Operations Officer of The Thomas Group, and the co-founder of several other profitable business ventures.

Aaron Davis Presentations, Inc. received the Chamber of Commerce Outstanding Minority Owned Business award while Toastmasters International awarded him the Communications & Leadership Award. Rotary International also presented him with the prestigious Paul Harris Fellow Award. In addition, his business management certification seminars for the University of Nebraska have received some of the highest ratings in the program's twenty-four year history!

Courage, mental toughness and the ability to change and adapt quickly are just a few characteristics that all champions possess. As a member of the Nebraska 1994 National Championship football team (considered by some as one of the best teams ever assembled), Aaron has a keen understanding of what it takes to achieve incredible results. In his presentation, "Perform Like a Champion" conferences attendees will learn strategies to remain mentally tough in a competitive environment; they will be encouraged to never lose the ability to laugh at themselves and to have fun; and they will learn tips on how to adapt to change quickly while still enjoying the ride.

Registration

The advance registration fee for NACO Annual Conference is $120.00 per person if registering on or before November 22. After November 22, the fee increases to $135.00. Written notification of conference registration cancellation must be received by NACO prior to November 22. Refund of advance registration fee, less a $25.00 administrative fee will be made by mail at the conclusion of the conference. You may register for the annual conference by clicking here.

County Official of the Year

Do you know of an elected or appointed county official who you feel serves as the embodiment of a true dedicated public official? If so, nominate that individual for the annual County Official of the Year Award. The Nebraska Association of County Officials will present its highest honor to one county official at the conclusion of the December 13th business meeting.

The County Official of the Year Award was created as a means of honoring one individual each year for his or her leadership abilities, high standard of public service and outstanding contributions made to the medium of county government and that person's community.

The official nomination form can be found on NACO's website or by clicking here. To nominate someone you know, print the form, complete it and return it to the NACO office by November 8, along with any supplemental materials you feel would provide additional insight into why this person is deserving of the award. Supporting material may include testimonial letters from peers or other printed matter that highlight his or her record of service. Each of the 2013 nominees will be introduced and recognized during the conference. The announcement will be made as to who has been chosen by a special selection committee following the NACO Business Meeting on Friday, December 13. The 2013 recipient will join an elite list of county officials who have previously received this award and will receive a handsomely engraved plaque befitting of this prestigious honor.

Election day voter registration, ACCESSNebraska, Medicaid expansion, and road needs are some of the issues that will be examined by the Legislature as interim studies. During the regular legislative session, senators introduce resolutions authorizing a committee to study an issue after adjournment. The study resolutions are prioritized by the assigned committee and public hearings are held on some of the issues. Some of the hearings of interest to counties are listed below. The schedule for hearings of the Tax Modernization Committee are outlined in a separate article. Click here for the complete interim hearing schedule.

Hearings that are conducted at the State Capitol can be viewed via livestreaming by clicking here.

Friday, Oct. 25 Health and Human Services Committee9:00 a.m., Room 1510, State CapitolLR387 (Health and Human Services Committee) Interim study to examine how Nebraska is utilizing Temporary Assistance for Needy Families (TANF) fundsAppropriations Committee members are invited to attend this hearing.LR238 (Dubas) Interim study to examine the Access Nebraska system, as well as the separation of the economic assistance programs from the medicaid program

Friday, Nov. 8Government, Military, and Veterans Affairs Committee 9:00 a.m., Room 1507, State CapitolLR201 (Crawford) Interim study to examine policy options available to the State of Nebraska to support military installations, military families, and veterans and their familiesLR305 (Harr) Interim study to examine the governance and efficiency of the State Board of EducationLR194 (Avery) Interim study to examine issues under the jurisdiction of the Government, Military and Veterans Affairs Committee

The State of Nebraska is conducting a study of 911 service within the state. The purpose of the study is to gather information relative to current 911 service as the state begins to transition to next-generation 911 services. Next-Generation 911 services provide additional means through which persons can reach 911 call centers, such as through text-messaging.

As part of the study, public meetings are being held throughout the state to allow individuals, local governmental officials, and any other interested parties to provide input into or to ask questions about the study or next-generation 911 service. As part of the study, each PSAP (public safety answering point) will be contacted directly by Mission Critical Partners and will have the opportunity to provide input into the study at that time as well.

The four additional public meetings have been scheduled at the following locations:

Additional information is available on the Public Service Commission's website or by clicking here.

Tax Modernization Committee Hearings Scheduled

The Legislature's Tax Modernization Committee will hold a series of public hearings across the state to take input from the public on possible revisions to Nebraska's property, income and sales tax systems. The committee has prepared a list of issues and options to facilitate the discussion here.

The background information and reports reviewed by the committee are available here.

Editor's Note: Legal Line is a feature that will periodically appear in NACO E-Line. This edition has been prepared by Beth Ferrell of the NACO legal staff. Legal Line is not intended to serve as legal advice. Rather, it is published to alert readers to court decisions and legal or advisory matters important to county government. For a specific opinion on how the information contained in this article or that which will be discussed in future issues relates to your county, consult your county attorney or personal counsel.

Contract Law Review

A recent Nebraska Court of Appeals case presents a good opportunity to review one of the basic tenets of contract formation - a meeting of the minds.

In Stitch Ranch v. Double B.J. Farms, 21 Neb. App. 328, ___ N.W.2d ___ (2013), acquisition of a "feedlot permit" was required as part of a contract for a transfer of real property. Ultimately Stitch filed a breach of contract suit in district court and the closing was not completed. The district court concluded that each party had attached reasonable but materially different meanings to the term "feedlot permit" in the contract and characterized the issue as one of "mistake".On appeal, the Court of Appeals affirmed the district court's cancellation of the contract, holding that there was never any meeting of the minds about the term "feedlot permit".

The Court reviewed prior case law holding that an offer and an acceptance must be present in the formation of a contract. (The third element of a contract --consideration -- is not discussed in the case.) There must also be a meeting of the minds as to the essential terms and conditions of the contract or a binding mutual understanding between the parties of the contract. This meeting of the minds can be sufficient to establish a contract without precise formality or express utterance from the parties about the details of the proposed agreement. The actions of the parties can show conclusively that they have intended to conclude a binding agreement, even though one or more terms are missing or have yet to be agreed upon. Sometimes a court looks at the course of dealing with each other or a general reasonableness standard to ascertain the meaning of the agreement.

In this case, the Court found that the inconsistent use of the term "feedlot permit" by the parties to describe different types of permits made it impossible to determine their intent.It found the term so indefinite that it could not be determined whether a breach had occurred or how to provide a remedy. The Court cited case law which provides that relief by way of rescission of a contract can be warranted when a unilateral mistake is so fundamental in nature that the minds of the parties never met and enforcement of the contract would be unconscionable. Likewise, an instrument may be canceled on the grounds of mistake of fact if the parties entered into a written contract but owing to a mistake in their minds, it did not meet all of the essential elements of the transaction.

Because there was no meeting of the minds, the Court canceled the contract.

The PowerPoint presentation is available electronically at no charge (sent via e-mail) for use by Counties during their annual County Government Day. The PowerPoint provides a comprehensive look at county government functions in the State of Nebraska and can be customized by each county. CD's are also available for $10.00 each to cover processing, shipping and handling. To request the County Government Day PowerPoint electronically, please e-mail your request to larrydix@nacone.org. The CD order form is available here.

The NACO 2013 Directory of County Officials is available. The directory is an annual publication that provides names and addresses for elected and appointed county officials in the state. A directory is available for $17.00 if non-taxable and $18.00 if taxable. To order, click here.

2012 County Board Handbook and Revisions

The 2012 County Board Handbook and related revisions are available. The cost for a current handbook, including legislative information from the 2012 session, is $80.00/book plus $17.00 shipping and handling per book. The 2012 Supplement to the County Board Handbook is available for $20.00 plus $5.00 shipping and handling. The order form is available on the NACO website here. For questions, contact Ashley Vandeloo by clicking here or call her at (402) 434-5660 ext. 223.

News From NACo

More Counties Embrace E-RecordingIt took from the late 1990s until August 2006 to reach the 200 e-recording counties according to PRIA's tracking System. Between June 2012 and August 2013, the number of counties increased by more than 25 percent, said Larry Burtness, Washoe County, Nev. recorder and PRIA Technology Committee co-chair. By the end of this year, the number is expected to reach about 1,200. PRIA is a standard-setting body that promotes and monitors the adoption of electronic recording of documents throughout the United States.

Readers may notice in the future that the number of insertions for this section of E-Line may be reduced. This is due to the fact that several Nebraska Newspapers now charge a fee to read their articles on line making it difficult to link to the articles published.

Cyber for Counties: National Cybersecurity Awareness Month Webinar Series

Wednesdays in October, 2013

2:00 p.m. - 3:15 p.m.

NACo has again teamed up with the Department of Homeland Security (DHS), National Cybersecurity Alliance and the Multi-State Information Sharing and Analysis Center (MS-ISAC) to present a webinar series highlighting county government's role in protecting the Nation's cyber infrastructure: